Case Number: BC655932 Hearing Date: August 31, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY REQUESTS; MOTION GRANTED

On April 7, 2017, Plaintiff Burt R. Johnson (“Plaintiff”) filed this action against Defendant Ye Jin (“Defendant”) for motor vehicle and general negligence relating to an April 8, 2015 automobile accident. On June 15, 2018 Defendant served a demand for documents and form interrogatories. (Declaration of Laurie R. Harrold, ¶ 2.) Plaintiff failed to serve responses and Defendant moves to compel Plaintiff’s responses and monetary sanctions.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code of Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Plaintiff filed no opposition to these Motions and it is undisputed that he failed to serve timely responses to Defendant’s discovery requests. Accordingly, the Motions to compel Plaintiff’s responses to discovery requests are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s form interrogatories and demand for production of documents within twenty (20) days of the date of this Order.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).) “It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code of Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and his counsel of record, jointly and severally, in the reduced amount of $407.50 for reasonable attorney’s fees and filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.